TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 374-G
ELECTRIC UTILITY INVESTMENT IN DISTRIBUTED ENERGY RESOURCES

Section 374-G:3

    374-G:3 Electric Generation Equipment Funded by Public Utility; Requirements. –
Any electric generation equipment funded in part by a public utility under this chapter is subject to the following requirements:
I. The energy produced by electric generation equipment owned by the public utility shall be used to benefit low-income customers, with such benefit as determined by the commission, as an offset to distribution system losses or the public utility company's own use, or any other use as approved by the commission;
II. The energy produced by electric generation equipment utilizing a non-renewable fuel source that is owned by a customer, or sited on a customer's property shall be used to displace the customer's own use;
III. The energy produced by electric generation equipment utilizing a renewable fuel source that is owned by a customer, or sited on the consumer's premises shall be used to displace the customers own use; however, if energy is occasionally generated in excess of the customer's energy requirements, it may be credited to the customer's account in a subsequent period.
IV. Any biomass-fueled generation shall meet the emission requirements to qualify as eligible biomass technology under RSA 362-F:2, VIII.
V. Any fossil-fuel fueled generation shall produce combined heat and power with a minimum energy efficiency of 60 percent, measured as usable thermal and electrical output in BTUs divided by fuel input in BTUs, shall be installed as an integrated combined heat and power application, and shall meet the following emission standards (in lbs/MW-H): NOx-0.07; CO-0.10; VOCs-0.02. A credit to meet the emission standard may be applied at the rate of one MW-H for each 3.4 million BTUs of heat recovered.
VI. These requirements apply in addition to and do not preempt or replace any emission standards or permitting requirements applicable to a given generation facility under any other applicable state or federal law.

Source. 2008, 373:1, eff. Sept. 9, 2008. 2021, 228:2, Pt. I, Sec. 3, eff. Oct. 25, 2021.